My former employers employees and upper management are falsely stating I was fired. Is this defaming
I chose to leave the largest insurance carrier in Florida after 3 years in order to open my own agency. I put in a 2 weeks notice and left on perfect terms. Never once was I written up, on the contrary I won many awards and was the top producer for 1 of the 3 years.
For the last year I have heard and have documented on numerous occasions employees telling clients searching me out that I was fired.
Yesterday, I was informed by a high level agency that the regional manager for our area told them I was fired and not re-hirable. I have undeniable proof that he knew this to be a false statement. It has drastically affected our reputation and income.
We've contacted them each and every time it's come to our attention that we have been defamed. However, in light of yesterday's information, we've decided they are not willing to address the issue so we are exploring legal options.
Answers (2)
768.095 Employer immunity from liability; disclosure of information regarding former or current employees.—An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.
Under the scenario you describe, you do have a claim for defamation against your former employer, particularly since you state that you contacted them in the past when this false information first surfaced - therefore they cannot claim that they made a good faith error.
You also have a potential claim for tortious interference with your relationship with your prospective employer.
In these cases, there generally is not much to be gained by filing suit for several reasons. First, damages are difficult to prove, particularly where the prospective employer does not want to be dragged into a lawsuit. Second, as in most instances of defamation, by filing a lawsuit you publicize the very information you are trying to quiet. People will just remember there was some issue about accusations regarding the termination of your last employment, and that itself can interfere with your career.
My advice is that you hire an attorney to draft a strongly-worded letter to the company threatening litigation it they do not immediately cease and desist. I would also insist that the company provide a written letter stating that you resigned on good terms and are eligible for rehire.
Good luck!
posted by Phyllis Towzey | Nov 23, 2015 07:50 AM [EST]
posted by Arthur Schofield | Nov 23, 2015 06:56 AM [EST]
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